During the epidemic prevention and control period, operators took the opportunity to raise prices, whether it constitutes illegal price gouging?

2022-06-18 0 By

During the epidemic prevention and control period, some operators took the opportunity to raise prices. Is this illegal behavior of price gouging?- the franco-prussian small guards – during the epidemic prevention and control, part of the operator is necessary for people to maintain the basic life LiangYouRou milk egg dishes such as commodities of the people’s livelihood, the most closely relationship with the outbreak of masks, antiviral drugs, disinfection sterilization supplies, medical equipment and other related epidemic prevention articles, and related raw materials required for the production of the above items, such as the chance to rise in price,It has not only severely disrupted market order and harmed the legitimate rights and interests of consumers, but also created or intensified panic demand, disrupted social order and seriously affected the smooth implementation of epidemic prevention and control work.According to the Shanghai market supervision bureau, Shanghai municipal development and reform commission issued “on epidemic prevention and control during the cognizance of illegal bid up the price guidance”, the operator is one of the following circumstances, constitute a “price law of the People’s Republic of China” bid up the price as provided by article 14: (1) fabricating and spreading price information, the price of the improved;(2) substantially increasing the price for the purpose of profiteer when there is no obvious change in production cost or purchase cost;(3) taking the lead in substantially increasing prices in some regions or industries;(4) hoarding and profiteering leads to a sharp rise in commodity prices as a result of demand exceeding supply;(5) pushing commodity prices up too fast or too high by using other means to raise prices.And this behavior will also bear a variety of legal liabilities.1. Administrative responsibilities.In accordance with the Price Law and Provisions on Administrative Penalties for Illegal Acts in Price, the market supervision department shall order the illegal acts to correct, confiscate the illegal gains and impose a fine of less than 5 times the illegal gains.If there are no illegal gains, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the circumstances are more serious, a fine of not less than 500,000 yuan but not more than 3 million yuan shall be imposed;If the circumstances are serious, it shall be ordered to stop business for rectification or its business license shall be revoked.2. Criminal responsibility.According to the Opinions on Punishing Crimes against Novel Coronavirus Infection prevention and Control issued by the Supreme People’s Court, The Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice (No.7, 2020), hoarding in violation of state regulations on market operation and price control during epidemic prevention and control,Bid up the epidemic prevention and control in urgent need of masks, protective goggles, protective clothing, such as disinfectant supplies, medicines or other items involving people’s livelihood price, for profiteering, illegal income amount is larger, or there are other serious circumstances, seriously disrupted the market order, to illegal business crime convicted and punished, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention,And shall also, or shall only, be fined not less than one time but not more than five times the illegal gains;If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal gains or be sentenced to confiscation of property.